Lay-Offs, RIFs, and Pink Slips

1. Lay-Offs, RIFs, and Pink Slips Presented by: UACT Jake Anderson

2. Temporary vs. Probationary vs. Permanent • Temporary • Bakersfield Decision (2006) • Covering a person on leave • On a contract that has a specific end-date • Paid out of a categorical program • Emergency credential • Interns • Probation 0 • Probationary • Hired by district, but are not listed above • Permanent • First day of work in third year (interns?)

3. Temporary vs. Probation • Temporary • At-will employee • Did not get pink slip • No re-employment rights • Probation and permanent • Rest of presentation is about you

4. What is a RIF? • Reduction in Force (RIF) • Education Code 44949, 44955, 87743 • Declining enrollment • Budgetary Issues • Eliminating a particular kind of service (PKS) • Ed Code and Board Policy dictate what the rules are • Association's role is to ensure rules are followed

5. Seniority Set on first date of paid probationary service

6. Who was given notice? • Multiple Subject Credential, K-6 Teachers 35 FTE • Middle School Math (Authorization through 9th grade) 7 FTE • Middle School Social Studies (Authorization through 9th grade) 4 FTE • Middle School Science (Authorization through 9th grade) 4 FTE • Middle School English (Authorization through 9th grade) 7 FTE • High School English 12 FTE • High School Social Science 3 FTE • High School World Languages (Spanish) 4 FTE • High School Geo Science 3 FTE • High School Biology 3 FTE • High School Chemistry 2 FTE • Instrumental Music 1 FTE • Chorale Music 1 FTE • Photography 1 FTE • Physical Education 3 FTE • Elementary Counselors 5 FTE • Secondary Counselors 4 FTE

7. What happens now? • You get your notice on or before March 15 • You have 7 CALENDAR days to notify the district you want a hearing (Page #1) • Once the District has received your request they will give you Notice of Defense paperwork • Use the forms in the packet from CTA. • You must get notice of defense after receipt of “letter of accusation” back to the district in 5 CALENDAR DAYS (Page #2)

8. RIF Data Form • Fill in the RIF Data Form and get to UACT ASAP- DO NOT GIVE TO THE DISTRICT • Fill out the info as thoroughly as possible- it will be used to determine the order of the lay-off.

9. RIF Data Form Continued • #5- Use personal- you may be having confidential conversations • #9- Prob or Perm? • #10- Seniority date • #11- Seniority list # • #14- All places worked • #19- Breaks in service • #20- Retirements/resignations • #22- Cannibalism?

10. ALERT PAGE This page is for your attorney to alert him if you know of something specific that the district missed or messed-up.

11. Tie-Breakers- Adopted by CVUSD Board on Feb 23rd • EL Authorization • BCLAD/BCC • Other EL Authorization • Number of credentials/authorizations • Additional degrees and/or units • First date of paid service in CVUSD – NEW- NOT necessarily seniority date • Total certificated teaching experience • Random Selection

12. Skips!?!?!? • EARThS Magnet School Teachers (Teachers who met the criteria expressed in Board Policy 6181.1 and Administrative Regulation 6181.1, including being selected through a competitive selection process and provided extensive training). • Open Classroom Leadership Magnet School Teachers (Teachers who met the criteria expressed in Board Policy 6181.1 and Administrative Regulation 6181.1, including being selected through a competitive selection process and provided extensive training). • Certificated Employees possessing a BCLAD/BCC authorization • ELL Teachers on Special Assignment (Hired through a competitive selection process) • Junior Kindergarten Teachers (Hired through a competitive selection process)

13. How can they skip? • Based on Ed Codes 44955-44957 • Supporting case law • Popper v Tamalpais • Alexander v Delano Joint Union HS Dist • Moreland Teachers Assoc v Kurze • Meet three criteria • Specific training needed for program • Using the training in a program now • Competitive process to get job

14. A right to a hearing to determine if your lay-off is appropriate Subbing Permanents- you get paid regular rate if you work more than 20 days in a 60-day period. Permanent Employees 39-month reemployment list Probationary Employees 24-month reemployment list What are your rights?

15. Benefits? • District-paid health benefits run until September 30, 2010. • Unemployment? Yes

16. What the #%$ is a reemployment list? • A list of employees showing their seniority and credential • Will be used to determine when/if you are called back to work in the district • You will be contacted if a position opens in the district that you are credentialed for. YOU WILL GET THAT JOB if you accept it. • You can decline the job offered to you with no repercussions for one year (EC 44956 (2)) if you are permanent

17. I’m at a different place on the seniority list than I was last year! • Tie-breakers changed • Years in CVUSD count differently • No more “utility player” • Name drawing added • People could have gotten more credentials/authorizations • District cleaned-up temp issues

18. CVUSD Tie Breakers this year • Step 1: EL Authorizations Held: a. BCLAD/BCC (2 points) b. Other EL authorization (1 point) c. No EL authorization (0 points) • Step 2: Number of Clear or Preliminary Credentials or Authorizations Held: a. Possession of clear of preliminary credential (0 points are given for intern or temporary credentials or authorizations) b. Additional authorizations (1 point is given for each authorization) c. More than one credential (1 point is given for each credential) • Step 3: Professional preparation – Degrees and Graduate Units from an Accredited College (No extra points are given for multiple degrees) BA/BS with less than 45 units beyond the Bachelor’s degree (1 point) BA/BS + 45 units [Column III on Salary Schedule] (2 points) BA/BS + 60 units [Column IV on Salary Schedule] (3 points) MA/MS [Column V on Salary Schedule] (4 points)

19. CVUSD Tie breakers (cont) • Step 4: First date of paid service with the Conejo Valley Unified School District (as a Certificated or classified employee, excluding service as an exempt employee or as either a day-to-day, long-term or substitute employee). • Step 5: Total certificated experience in a public school, K – 12, with a valid credential. (1 point is given for each year of experience) • Step 6: Final Tie Break by Random selection (Names of employees with tied seniority will be determined and ranked in the order drawn).

20. Mock 39-month list • Chrissie Hynde- Mult Subject 8/29/04 • Bob Marley- Single Subject math 8/29/04 • Dave Matthews- Mult Sub; Eng Supp 8/29/04 • Madeline Peyroux- Single Sub Eng 8/29/04 • Dave King- Mult Subject 8/27/05 • Janis Joplin- Mult Subject 8/26/06 • Joey Ramone- Single Sub Science 8/28/07 • Gordon Sumner-Single Sub Hist; SPED supp 8/30/08

21. Your Attorney • Will walk you through the process • Will argue your case in front of a judge • Will be paid for by CTA dues • If you are not a member, CTA will not represent you • May not get anything for you other than an assurance the process has been followed correctly • Mom and Dad?

22. Conflict of Interest • The attorney assigned to you will also represent the others being let go. • This is a potential conflict of interest and you must sign a waiver stating you understand the situation and waive your rights. • Attorney’s Firm is • Hathaway, Perrett, Webster, Powers, Chrisman, & Gutierrez

23. I’m last on the list- should I file for a hearing? • It is your call • The district could have made a mistake in identifying people for layoff. • It is your right to do it.

24. Questions? Jake Anderson CTA Staff Unified Association of Conejo Teachers O (805) 497-8220 F (805) 497-1458 janderson@cta.org